HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 1973-03-01RECORD OF PROCEEDINGS
Board of Adjustment
March 1, 1973
Committee;Chairman Sutter; Members Herzog, Palmer, Prosser and
Wagner
Chairman Sutter; Members Herzog, Palmer, Prosser and
Wagner
Attending:
Also Attending: Town Administrator Hill and Zoning Administrator Van Horn
TALEX COLORADO, INC. - APPEAL NO. 101:
Mr. Levin, attorney at law, appeared before the Board of Adjustment
representing Talex Colorado, Inc. dba Ripley Museum and requested a
variance from Section 13.32.030 of the Municipal Code, to have any
building setback eight feet from property lines common with the street
line.
The attached document is made a part of these proceedings by reference
thereto.
The hearing was held. Exhibits A, B, C and D were admitted.
Member Prosser moved the variance be denied because of the findings in
the attached document. Member Palmer seconded the motion. Upon roll
call the motion unanimously carried.
GREIG STEINER - APPEAL NO. 102:
Mr. Greig Steiner appeared before the Board of Adjustment to ask a variance
from Section 17.64.010 of the Municipal Code requiring off-street parking.
The attached document is made a part of these proceedings by reference
thereto.
The hearing was held by the Board.
Member Palmer moved the variance be granted because of the findings in
the attached document. Member Herzog seconded the motion. Upon roll
call the motion unanimously carried.
GERALDINE KIRKLAND - APPEAL NO. 103:
Mr. Wilbur Spradling appeared before the Board of Adjustment representing
Mrs. Geraldine Kirkland and requested a variance from Section 17.24.030
of the Municipal Code, to provide rear, side and front yards of ten feet
from the property line.
The attached document is made a part of these proceedings by reference
thereto.
The hearing was held by the Board.
Member Wagner moved the request to allow a 6.6 foot side yard setback
be allowed, provided that the 4'3" x 14' addition be removed. Member
Prosser seconded the motion. Upon roll call the motion unanimously
carried.
RECORD OF PROCEEDINGS
Board of Adjustment
March 1, 1973
Page two
There being no further business, the meeting adjourned,
Dale G. Hill, Town Administrator
MAR 12 1973
I TOWN OF ESTtS PARK
BOARD OF TR'JSTEESL.E LJ
■'
ZONING BOAED OP ADJUSTMENT
IN AND POE THE TOWN OP
ESTES PAEK, COLOEADO
Appeal No. 101
In re the Appeal of )
)
Talex Colorado, Inc. )
)
Appellant. )
PINDINGS AND DETEEMINATION
The above matter coming on to be heard on the 1st
day of March, 1973, the Appellant, appearing by its attorney,
Lawrence Levine, the Building Official, William Van Horn,
appearing in person; Colton W. Babcock, Jr., Assistant Town
Attorney, amicus curiae; Board Members present, Eollen
Sutter, Eobert E. Wagner, Glenn Prosser, Charles L. Herzog
and Edward L. Palmer.
The Board considers and finds that due notice of
this hearing was given, and that the Appellant waived notice
hereof.
Thereupon the hearing was held and the Board having
heard the evidence and the argument of all persons in interest,
does PIND:
1. That the property described as follows:
Lot 8 and the West 23.9 feet of Lot 7,
Block 2, Town of Estes Park, Colorado;
is required by the provisions of Section I7.32.030 of the
Municipal Code of the Town of Estes Park, Colorado, to have
any building eight feet from all property lines that are
common with the public street lines, for sidewalk purposes.
2. That there exists on the above described property
a building, a portion of which is less than eight feet from
the property line which is common with the public street line;
that such building was constructed prior to the enactment of
the above cited Section of the Municipal Code, and is a non-
conforming use under Chapter I7.68 of the Municipal Code;
that the Appellant'is engaged in remodeling of the premises
which goes beyond ordinary repairs and maintenance as
provided in Section 17.68.020 of the Municipal Code; and
that the Municipal Code requires that the building situate
on said premises be brought into conformance with Section
17.32.030 of the Municipal Code.
3. That the requested variance is denied as there
has been no showing of unnecessary hardship or practical
difficulty in bringing the building into conformance with
the Municipal Code, and that the variance could not be
granted without substantial detriment to the public good,
and without substantially impairing the intent and purpose
of said Section I7.32.030.
NOW THEREFORE IT IS ORDER BY THE BOARD that the
appeal and application for a variance be denied.
Chairman
-2-
ZONING BOARD OP ADJUSTMENT
IN AND FOR THE TOWN OP
ESTES PARK, COLORADO
Appeal No. 102
In re the Appeal of )
Greig Steiner FINDINGS AND DETERMINATION
Appellant. )
The above matter coming on to be heard on the 1st
day of March, 1973, the Appellant, appearing in person, the
Building Official, William Van Horn, appearing in person;
Colton W. Babcock, Jr., Assistant Town Attorney, amicus
curiae; Board Members present, Rollen Sutter, Robert E.
Wagner, Glenn Prosser, Charles L. Herzog and Edward L.
Palmer.
The Board considers and finds that due notice of
this hearing was, given, and that the Appellant waived notice
hereof.
Thereupon the hearing was held and the Board having
heard the evidence and the argument of all persons in Interest,
does FIND:
1. That the property described as follows:
Colorado^0* l8’ Bloo:k 10> 'Ilown of Estes Park,
is required by the provision 17.61p.010 of the Municipal Code
of the Town of Estes Park, Colorado, to have off-street
parking provided in connection with the construction of oer-
tain buildings and uses.
2. That the plans for the building to be located on
the above described property show that no off-street parking
areas will be provided.
3. That the terrain of the above described property
is unsuited to providing off-street parking in connection
With any building or use thereon.
4.. That there is no suitable place available to
Appellant within convenient walking distance of the above
described property for off-street parking; and that such
constitutes practical difficulties in carrying out the
strict letter of said Section of the Municipal Code.
5. That the above described property is not
economically suitable for any use other than that proposed
by the Appellant3 and that to require compliance with said
Section of the Municipal Code work an unnecessary hardship
upon the Appellant.
6. That a variance can be granted to the Appellant,
by reason of such practical difficulties and unnecessary
hardships, and that the variance can be granted without
substantial detriment to the public good, and without
substantially impairing the intent and purpose of said
Section 1?.64.010.
NOW THEREFORE IT IS ORDER BY THE BOARD that the
appeal and application for a variance be granted.
Chairman
-2-
ZONING BOARD OF ADJUSTMENT
IN AND FOR THE TOWN OF
ESTES PARK, COLORADO
Appeal No. 103
In re the Appeal of )
)
Geraldine Kirkland )
)
Appellant, )
FINDINGS AND DETERMINATION
The above matter coming on to be heard on the 1st day of March,
1973, the Appellant by her representative, Wilbur Spradling; the
Building Official, William Van Horn, appearing in person; Colton W.
Babcock, Jr., Assistant Town Attorney, amicus curiae; Board Members
present, Rollen Sutter, Robert E. Wagner, Glenn Prosser, Charles L.
Herzog and Edward L. Palmer
The Board considers and finds that due notice of this hearing was
given, and that the Appellant waived notice hereof.
Thereupon the hearing was held and the Board having heard the
evidence and the argument of all persons in interest, does FIND:
1. That the property described as follows:
Part of Lot 15, Block 10, Town of Estes Park, Colorado;
is required by the provision 17.24.030 of the Municipal Code of the
Town of Estes Park, Colorado, to have front, rear and side yards of
not less than 10 feet provided in connection with the construction of
certain buildings and uses.
2. That the plans for the building to be located on the above
described property show that a side yard setback of 6.6 feet will be
provided.
3. That the above described property is not economically suitable
for any use other than that proposed by the Appellant, and that to
require compliance with said Section of the Municipal Code work an
unnecessary hardship upon the Appellant,
4. That a variance can be granted to the Appellant, by reason of
such practical difficulties and unnecessary hardships, and that the
variance can be granted without substantial detriment to the public
good, and without substantially impairing the intent and purpose of
said Section 17.24.030.
NOW THEREFORE IT IS ORDER BY THE BOARD that the appeal and applica
tion for a variance be granted.
Chairman
-2-